The Nickel Report

Over the past several months, EPA has significantly increased its enforcement focus on imported pesticides, targeting unregistered, misbranded, or adulterated items coming into the United States. Working in concert with US Customs and Border Protection (CBP), the agency reportedly blocked over 1.6 million pounds of pesticide imports at ports across America in 2025 for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In view of increased inspection activity, importers and sellers (including online retailers) of pesticides and devices should take steps to ensure compliance and mitigate the risk of costly delays and disruptions from refused import entry.

FIFRA Importation Process

Under FIFRA, EPA has authority to regulate the distribution or sale of registered and unregistered pesticides and pesticidal devices in the United States. FIFRA Section 17 provides for EPA review of pesticides and devices being imported and authorizes CBP, at the request of EPA, to delay or refuse admission of imports that appear, from examination, to be unregistered, misbranded, or adulterated.

The importer of record or its agent must submit, prior to arrival, a Notice of Arrival (NOA) to the EPA regional office with responsibility for the port of entry where the products will be entered. EPA reviews and evaluates the information presented on the NOA and determines the disposition of the imports on arrival. EPA may request additional information, including examination and sampling, to make its determination on whether the pesticides or devices satisfy the requirements of FIFRA. Upon review of the NOA, EPA will inform CBP of the action to be taken, including release, detention, or a Notice of Refusal of Admission. The determination is indicated on the completed NOA form, which is signed by an EPA official and returned to the importer or its agent. The importer or the importer’s agent must submit the completed NOA form to CBP along with requisite entry documentation. CBP will follow EPA’s disposition instructions in the NOA and notify EPA when discrepancies exist between the NOA and the entry documents.

If a shipment arrives for entry without a completed NOA, the shipment will be detained by CBP at the importer’s risk and expense for up to 30 days. If the importer fails to provide a completed NOA, CPB will consider the shipment prohibited importation. If the prohibited products are not exported by 90 days after the expiration of the detention period, CBP will destroy them.

Inspections of imported pesticide products are conducted at the CBP central examination sites located in designated ports or CBP-bonded warehouses associated with the ports. Some import inspections may also be conducted post-entry at a designated destination facility, as indicated on the imported product’s entry documents. When EPA, state, or tribal credentialed inspectors conduct an import inspection, it is initiated at the request of the EPA regional office. If an inspection uncovers non-compliant pesticide products, EPA may require the consignee of the shipment to show cause why the products should not be destroyed or refused entry.

Increased FIFRA Enforcement and Inspection Activity

Despite the highly complex and technical nature of pesticide regulation, FIFRA import violations are relatively straightforward to investigate, prove, and penalize. Review of the product label can indicate if an EPA registration number is missing, and review of the importer’s documents can quickly identify a missing NOA. During calendar year 2025, for example, EPA Region 8 refused admission of 64 pesticide imports at the United States’ northern border (Montana and North Dakota) for distribution or sale of misbranded pesticides or failure to correctly file required documentation, including NOAs.

That trait also makes import violations easy targets for enforcement under current directives to preserve agency resources and prioritize administrative enforcement actions. EPA’s annual enforcement results, reported in March 2026, bear this out: in FY25 the agency reportedly assessed over $10.6 million in penalties under FIFRA, nearing its 2021 high-water mark of $12.43 million, when enforcement surged due to Covid-related violations. 

Further, the agency has expressly signaled a growing emphasis on import inspections. In December 2025, EPA’s Office of Enforcement and Compliance Assurance (OECA) announced that it was “dramatically expanding its imports investigative capacity and enforcement scope beyond the limited efforts of previous years, launching broader investigations that target illegal pesticide and chemical smuggling operations across multiple sectors.” That same month, OECA Assistant Administrator Jeffrey Hall visited CBP facilities at the Port of Los Angeles to further collaboration with CBP.

What Importers and Sellers of Pesticides and Devices Should Do to Prepare

Imported pesticide products and devices are refused admission most commonly for mislabeling, misbranding, and failure to correctly complete or timely submit NOAs. Businesses, including product retailers, who rely on imported pesticide products can avoid costly delays and operational disruptions from entry denials by ensuring—before arrival—those products comply with FIFRA. A regularly audited, internal compliance program that comprehensively addresses pesticide registration, labelling, required documentation, and inspection preparation is a must. Through that program, companies should, among other things:

• Have a system for reviewing claims made on the imported product labels and determine whether the claims constitute pesticidal claims under FIFRA. If they do, then the importer should perform the necessary due diligence to ensure the product is registered with EPA. This includes reviewing labels for an EPA registration number on the product and an EPA establishment number (for the pesticide-producing facility).
• Confirm FIFRA registration status of the products to be imported and check for applicability of any specific exemptions (e.g., minimum risk pesticides under FIFRA Section 25(b));
• Ensure labeling compliance, including with respect to hazard warnings, directions for use, storage and disposal, and lists of ingredients;
• Ensure product packaging complies with EPA standards;
• Correctly and accurately complete the required NOA and timely submit the same to the appropriate EPA regional office before the pesticide products arrive in the United States; and
• Maintain accurate and comprehensive documentation on the products, including but not limited to registration information, ingredient information, safety data sheets, and test reports, as well as shipping and import documentation such as bills of lading, customs declarations, and any certificates of origin.

Companies with questions about their internal compliance program should contact counsel well before anticipated imports to help address any potential issues.